EU court rules Hungary’s anti-LGBTQ+ ‘child protection’ law breaches core EU values
Péter Magyar is being pushed to scrap Hungary’s anti-LGBT laws (Image: Getty Images)
The EU’s top court has ruled that Hungary’s 2021 restrictions on LGBTQ+ content for minors are discriminatory and violate EU law and the bloc’s foundational values.
The Court of Justice of the European Union found Hungary had breached Article 2 of the EU Treaty, as well as EU internal market rules and EU data protection laws. The European Commission brought the infringement case, which was joined by the European Parliament and 16 EU member states.
In its reasoning, the European Court of Justice said the Hungarian law was “contrary to the very identity of the union as a common legal order in a society in which pluralism prevails”. The court also said the legislation “stigmatises and marginalises” LGBTQ+ people.
What the 2021 law restricted
Hungary adopted the so-called “child protection” law in 2021. It restricted the depiction of homosexuality or gender change to minors, including in schools and in media, with references to limits on content shown before 10pm.
The court rejected the child-protection justification, finding the law associates LGBTQ+ people with people convicted of paedophilia and encourages hateful conduct.
Political pressure on Hungary’s next government
The ruling lands days after Viktor Orbán’s election defeat on 12 April. Péter Magyar’s Tisza party won in a landslide and is expected to take office in mid-May. In his victory speech, Magyar said he wanted a Hungary “where no-one is stigmatised for thinking differently than the majority, or loving differently than the majority”.
Rights groups welcomed the decision. As per The Guardian, Eszter Polgári of the Háttér Society called it “a milestone for protecting human rights in the European Union” and “a historic victory for LGBTQI people in Hungary”. ILGA Europe’s Katrin Hugendubel said: “Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban. If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU-facing reforms.”
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